Bill Text: GA SB137 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Retirement; update certain cross-references to Chapter 11 of Title 15; provide for conditions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-17 - Senate Read Second Time [SB137 Detail]

Download: Georgia-2011-SB137-Comm_Sub.html

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12 LC 21 1669S

The Senate Judiciary Committee offered the following substitute to SB 137:

A BILL TO BE ENTITLED
AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to update certain cross-references to Chapter 11 of Title 15; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising subsections (a) and (b) of Code Section 47-2-295.1, relating to employees of the Department of Juvenile Justice, as follows:

"(a) As used in this Code section, the term:

(1) 'Department' means the Department of Juvenile Justice.

(2) 'Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof county probation and intake employees who become employees of the department as a result of the county probation and intake services' being transferred to the department pursuant to the provisions of Code Section 15-11-24.3 15-11-68, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.

(3) 'Probation and intake employee' means a probation and intake employee as such term is defined in paragraph (1) (53) of subsection (a) of Code Section 15-11-24.3 15-11-2.

(b) Any person becoming an employee of the department at any time on or after July 1, 1993, as a result of a transfer of county probation and intake services to the department pursuant to the provisions of Code Section 15-11-24.3 15-11-68 shall have the options and rights provided for by this Code section. The options available to any such employee under this Code section must be exercised within 18 months after the date the applicable county probation and intake services are transferred to the department. Any such option shall be exercised by such employee notifying, in writing, the Board of Trustees of the Employees' Retirement System of Georgia, the governing authority of the applicable county, and, when applicable, the board of trustees or other managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in selecting an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified."

SECTION 2.

Said title is further amended by revising division (5) (A) (i) of Code Section 47-17-1, relating to definitions relative to the Peace Officers' Annuity and Benefit Fund, as follows:

"(i) Persons employed by the Department of Juvenile Justice who have been designated by the commissioner of juvenile justice to investigate and apprehend delinquent and unruly children or children in need of services who have escaped from an institution or facility or have broken their conditions of supervision; any employee of the Department of Juvenile Justice whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children or children in need of services in its institutions, facilities, or programs, or who is a line supervisor of any such employee, provided that the powers of a peace officer have been conferred upon such person pursuant to Chapter 4A of Title 49;"

SECTION 3.

Said title is further amended by revising paragraph (13) of Code Section 47-23-1, relating to definitions relative to the Georgia Judicial Retirement System, as follows:

"(13) 'Juvenile court judge' means a juvenile court judge now or hereafter appointed or otherwise holding office pursuant to Code Section 15-11-18 15-11-50 relative to the creation of juvenile courts, except judges of the superior courts sitting as juvenile court judges and juvenile court judges who are members of local retirement or pension systems created by local law."

SECTION 4.

This Act shall become effective on July 1, 2013, only if an Act to substantially revise, supersede, and modernize provisions relating to juvenile proceedings is enacted and becomes law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2013.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.